Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010
35QSecretary may revoke a determination of an individual’s percentage of care
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35Q Secretary may revoke a determination of an individual’s percentage of care
(a) a determination of an individual’s percentage of care (the existing percentage of care) for a child has been made under section 35A or 35B; and
(b) if section 35C or 35D applied in relation to the individual—the interim period for the determination has ended; and
(c) the Secretary or the Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual’s existing percentage of care for the child; and
(d) the Secretary is satisfied that, if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual’s percentage of care for the child, the other percentage would not be the same as the individual’s existing percentage of care for the child; and
(e) section 35P does not apply;
the Secretary may revoke the determination.
Note: If the Secretary revokes the determination, the Secretary must make a new determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2).
(2) If the Secretary revokes the determination, the revocation takes effect at the end of:
(a) if the change of care day for the individual occurs during the interim period for the determination—the day on which the interim period ends; or